What is ‘maintenance and cure’ and how does it affect my claim?

Maintenance and cure is a legal doctrine of maritime law which helps individuals who have been injured while at sea. Under this doctrine, a person who has suffered a maritime injury is entitled to receive payment for their lost wages (maintenance) and medical costs (cure) related to their injury. In New Hampshire, this doctrine applies to vessels operating within state borders and vessels sailing beyond three miles from the shore. When filing a claim based on maintenance and cure, the injured party must provide evidence that the injury was caused while operating a vessel and not in connection with a specific job. The first step is to establish that you were an employee of the vessel or its owner. Once this is established, you will have to demonstrate that the injury was caused while working on the vessel and not in connection with any other job. The employer is then accountable to provide the necessary medical care, lost wages, and maintenance payments. The amount of money that can be awarded depends on the severity of the injury and any other factors connected to the case. Generally, it ranges from providing enough money to cover medical expenses and lost wages related to the injury to providing compensation for the pain and suffering caused by the injury. It is important to note that filing a maintenance and cure claim with your employer does not bar you from making a separate claim against the employer if you feel that they are responsible for the injury. Ultimately, whether you are awarded the benefits of maintenance and cure or seek an additional claim against the employer, you should seek legal guidance to make sure you are fully informed about your rights and the potential outcomes of the case.

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